196.193 Water and sewer rate increases without hearings.
(1) When permitted. The commission may grant a rate increase to a municipally owned water or a municipally owned combined water and sewer public utility without a hearing if all of the following conditions are met:
(a) The revenue increase is calculated by multiplying the utility's prior year's revenues from sales of utility service by the rate increase factor under sub. (2).
(b) The revenue increase under par. (a), combined with the prior year's net operating income, either results in an overall rate of return that does not exceed the rate of return determined by the commission under sub. (3) or results in an amount that does not exceed 6 percent of the utility's prior year's total operation and maintenance expenses.
(c) The utility will increase its rates for general service, wholesale service and public fire protection uniformly for all utility customers by the rate increase factor determined by the commission under sub. (2), unless the commission determines that the utility has good cause for not meeting the condition under this paragraph.
(d) The effective date of the rate increase is not less than 12 months from the effective date of an increase previously filed under this section nor less than 45 days from the date on which the application was filed.
(e) If the utility's rates in effect prior to the rate increase under this section were authorized pursuant to a hearing under s. 196.20, the rates have been in effect for a calendar year.
(f) The commission has not rejected the application for good cause.
(g) If the utility has 4,000 or more customers, the effective date of the rate increase is not more than 5 years from the effective date of an increase authorized pursuant to a hearing under s. 196.20.
(h) If the utility has less than 4,000 customers, the total of all prior rate increases granted since the last hearing under s. 196.20 does not result in rates that are more than 40 percent higher than the base rates previously authorized by a hearing under s. 196.20.
(2) Determination of the rate increase factor. Not later than March 1 annually, the commission shall set an increase factor to apply to rates of municipally owned water public utilities or municipally owned combined water and sewer public utilities. The factor shall be equal to the U.S. consumer price index for all urban consumers, U.S. city average, for the previous year; however, the factor may not be less than 3 percent nor more than 10 percent. The rate increase factor need not be defined by rule.
(3) Determination of an overall rate of return. Not later than March 1 annually, the commission shall set the overall rate of return to be applicable to municipally owned water public utilities or municipally owned combined water and sewer public utilities for rate increases under this section. The commission shall consider the interest rates for state and local bonds in setting the overall rate of return. The overall rate of return need not be defined by rule.
(4) Notice requirements. A utility seeking an increase in rates under this section shall notify all customers, upon a form approved by the commission, by newspaper publication or by mail. The utility shall include a copy of the issued notice in its filing of an application under this section. The notice shall include all of the following:
(a) The anticipated date of filing of the rate increase application and the anticipated effective date of the rate increase.
(b) The impact on customer bills resulting from the rate increase calculated for at least 5 different usage levels, including an average residential usage level.
(c) A statement that the increase is being proposed under this section and that no hearing is required.
(d) Other information required by the commission to be included in a notice under this subsection.
History: 1995 a. 363; 2017 a. 136.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 196 - Regulation of public utilities.
196.012 - Interstate commerce.
196.015 - Total service long-run incremental cost.
196.016 - Relationship to certain federal telecommunications law.
196.025 - Duties of the commission.
196.027 - Environmental trust financing.
196.029 - Energy administration.
196.03 - Utility charges and service; reasonable and adequate.
196.05 - Public utility property; valuation; revaluation.
196.06 - Uniform accounting; forms; books; office.
196.07 - Balance sheet filed annually.
196.08 - Audit and inspection.
196.10 - Construction; accounting.
196.11 - Profit sharing and sliding scales.
196.12 - Report by public utilities; items.
196.135 - Confidential handling of records.
196.137 - Municipal utility customer information.
196.14 - Public record exception.
196.15 - Units of product or service.
196.16 - Standard measurements; accurate appliances.
196.17 - Tests of meters; fees.
196.171 - Examination of meters, pipes, fittings, wires and works; entering buildings for.
196.175 - Construction and occupancy standards.
196.19 - Publish schedules; regulations; files; joint rates.
196.191 - Telecommunications utility and alternative telecommunications utility tariffs.
196.192 - Market-based compensation, rates and contracts.
196.193 - Water and sewer rate increases without hearings.
196.194 - Gas utility individual contracts.
196.195 - Alternative telecommunications regulation plans.
196.197 - Unbundled network elements.
196.198 - Local measured telecommunications service.
196.199 - Interconnection agreements.
196.20 - Rules on service; changes in rates.
196.201 - Regulation of private shared telecommunications systems.
196.202 - Exemption of commercial mobile radio service providers.
196.203 - Exemption of alternative telecommunications utilities.
196.204 - Local government telecommunications utilities.
196.205 - Election of rate regulation.
196.206 - Interconnected voice over Internet protocol service.
196.207 - Telephone caller identification services.
196.208 - Telecommunications pay-per-call and toll-free services.
196.212 - Switched access rates.
196.216 - Small telecommunications utilities as small businesses.
196.218 - Universal service fund.
196.219 - Protection of telecommunications consumers.
196.22 - Discrimination forbidden.
196.23 - Utility service for victims of misappropriated identifying information.
196.24 - Agents of commission; powers.
196.26 - Complaint by consumers; hearing; notice; order; costs.
196.28 - Summary investigations.
196.30 - Utilities may complain.
196.31 - Intervenor financing.
196.315 - Consumer advocate funding.
196.32 - Witness fees and mileage.
196.36 - Transcripts and tapes.
196.37 - Lawful rates; reasonable service.
196.371 - Rate-making principles for electric generation facilities.
196.372 - Financial assistance for lead-containing customer-side water service lines.
196.373 - Water heater thermostat settings.
196.374 - Energy efficiency and renewable resource programs.
196.375 - Adequate service; reasonable rates.
196.377 - Renewable energy sources.
196.378 - Renewable resources.
196.39 - Change, amendment and rescission of orders; reopening cases.
196.395 - Test, conditional, emergency and supplemental orders; order conditions.
196.40 - Orders and determinations; time of taking effect.
196.43 - Injunction procedure.
196.48 - Incriminating evidence.
196.485 - Transmission system requirements.
196.487 - Reliability of electric service.
196.494 - Regional transmission planning.
196.495 - Avoidance of duplication in electric facilities.
196.496 - Distributed generation facilities.
196.499 - Regulation of telecommunications carriers.
196.503 - Telecommunications provider of last-resort obligations.
196.504 - Broadband expansion grant program; Broadband Forward! community certification.
196.5045 - Telecommuter Forward! certification.
196.505 - Construction of chapter.
196.51 - Prior permits and franchises validated.
196.53 - Franchise, foreign corporation not to have.
196.54 - Indeterminate permits.
196.58 - Municipality to regulate utilities; appeal.
196.59 - Merchandising by utilities.
196.595 - Utility advertising practices.
196.60 - Discrimination prohibited; penalty.
196.604 - Rebates, concessions and discriminations unlawful.
196.605 - Telecommunications cooperatives with federal loans.
196.61 - Facilities in exchange for compensation prohibited.
196.625 - Discrimination by telecommunications utilities.
196.63 - Telecommunications interruption in crisis situation.
196.635 - Unbilled utility service.
196.64 - Public utilities, liability for treble damages.
196.642 - Customer liability for treble damages.
196.643 - Public utility service to rental dwelling unit.
196.65 - Penalties relating to information and records.
196.66 - General forfeiture provisions.
196.665 - Unlawful combinations, trusts.
196.68 - Municipal officers, malfeasance.
196.69 - Interference with commission's equipment.
196.70 - Temporary alteration or suspension of rates.
196.71 - Municipal public utility contracts.
196.72 - Accidents; public utility report; investigation.
196.74 - Electric lines; safety and interference.
196.745 - Construction and operation; safety; commission orders.
196.76 - Other rights of action; penalties cumulative.
196.78 - Voluntary dissolution.
196.79 - Reorganization subject to commission approval.
196.795 - Public utility holding companies.
196.796 - Real estate activities.
196.80 - Consolidation or merger of utilities.
196.807 - Energy affiliate and utility employees.
196.81 - Abandonment; commission approval required.
196.84 - Commission's holding company and nonutility affiliate regulation costs.
196.85 - Payment of commission's expenditures.
196.855 - Assessment of costs against municipalities.
196.857 - Stray voltage program.
196.858 - Assessment for telephone relay service.
196.859 - Assessment for telecommunications utility trade practices.
196.86 - Assessments for air quality improvement program.